Changes to the way sex and gender are recorded on birth certificates and the requirements to change a registered sex or gender have come into effect this week.
Commissioner for Consumer Affairs, Dini Soulio, said that the changes specify a minimum period of counselling in order to register a sex or gender change.
The regulations also provide for two new options of ‘non-binary’ and ‘indeterminate/intersex/unspecified’ to be recorded on a birth certificate, in addition to the options of male and female.
Additionally, when a child of indeterminate sex is born, parents will have the option not to select a sex when registering the birth with Consumer and Business Services. Previously, they would have had to choose to list their child as either male or female.
Mr Soulio said that, in line with recommendations from the South Australian Law Reform Institute, the changes will also limit access to historical information about a person’s sex or gender history.
Under the changes, the only people that will be able to access this information will be:
- the individual
- their children
- the individual’s parent, or a person with parental responsibilities for the individual
- an executor or administrator of the individual’s estate
- a spouse or partner of the individual
- a lawyer authorised by the individual, their child or one of the people listed above
- those law enforcement agencies specified in the Births, Deaths and Marriages Registration (Gender Identity) Amendment Act 2016 – namely South Australia Police, or the police force in another state or territory; the Australian Federal Police; the Australian Crime Commission; the South Australian office of the Director of Public Prosecutions, or that of the Commonwealth or another state or territory: the Independent Commission Against Corruption or the Office of Public Integrity.
For more information on the changes, and how they apply, contact the Births, Deaths and Marriages branch of Consumer and Business Services on 131 882 or visit http://www.cbs.sa.gov.au/change-sex-gender-identity